This case has been cited 1 times or more.
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2012-06-25 |
PERALTA, J. |
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| In the instant case, petitioners, without abandoning their claim that they did not intend to kill anyone of the victims, admit having willfully discharged their service firearms; and the manner by which the bullets concentrated on the passenger side of the jeepney permits no other conclusion than that the shots were intended for the persons lying along the line of fire. We do not doubt that instances abound where the discharge of a firearm at another is not in itself sufficient to sustain a finding of intention to kill, and that there are instances where the attendant circumstances conclusively establish that the discharge was not in fact animated by intent to kill. Yet the rule is that in ascertaining the intention with which a specific act is committed, it is always proper and necessary to look not merely to the act itself but to all the attendant circumstances so far as they develop in the evidence.[144] | |||||